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Federal Petitions for Amendment or Repeal

5 U.S.C.A. § 553(e) of the Federal Administrative Procedure Act provides that each agency must give interested persons the right to petition for the issuance, amendment, or repeal of a rule.  Some agencies promulgate procedural rules for the presentation of such petitions.[i]  Generally, federal agencies are required by the Administrative Procedure Act, 5 U.S.C.S. § 551 et seq., to give interested parties notice of the proposed rule’s content and an opportunity to participate in the rule making through submission of written data, views, or arguments, before promulgating a new rule.[ii]

[i] Laminators Safety Glass Ass’n v. Consumer Product Safety Commission, 578 F.2d 406 (D.C. Cir. 1978).

[ii] N. Mariana Islands v. United States, 2009 U.S. Dist. LEXIS 110293 (D.D.C. Nov. 25, 2009)

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